Does Massachusetts Allow Transfer on Death Deeds?

Massachusetts does not authorize transfer on death deeds. 4 alternatives are available to transfer real property at death without probate.

Why TOD deeds aren't available in Massachusetts

Massachusetts has not adopted the Uniform Real Property Transfer on Death Act and has no statute authorizing transfer-on-death deeds for real property. Mass. Gen. Laws ch. 190B, Article VI authorizes nonprobate transfers on death only for securities and accounts held in beneficiary form (M.G.L. c. 190B, s. 6-101 et seq.; s. 6-309), not for real estate.

Massachusetts uses both registered (Land Court/Torrens, M.G.L. c. 185) and recorded (unregistered) land systems. Real-property TOD deed bills have been introduced repeatedly (H.1565 in the 189th General Court, sent to a study order 10/24/2016; also H.1583, H.2132; and beneficiary-deed bills H.1764 and H.3382) but none has been enacted. In the current 194th General Court, the only pending "transfer on death" bill is S.2381, which concerns motor vehicles, not real property (verified 2026-07-13, malegislature.gov bill search). Per the ABA/ULC Uniform Laws Update (Sept/Oct 2025), MA is not among the URPTODA enacting jurisdictions.

Alternatives for Massachusetts

These mechanisms transfer real property at death without probate in Massachusetts:

  • •
    Revocable living trust
  • •
    Joint tenancy with right of survivorship
  • •
    Tenancy by the entirety (married couples)
  • •
    Life estate deed

Consult a licensed attorney for help choosing the right mechanism for your situation.

Legislation pending

Massachusetts legislators have introduced bills to authorize transfer on death deeds. The law has not been enacted as of the verification date (2026-07-13).

Frequently asked questions

Massachusetts has not adopted the Uniform Real Property Transfer on Death Act and has no statute authorizing transfer-on-death deeds for real property. Mass. Gen. Laws ch. 190B, Article VI authorizes nonprobate transfers on death only for securities and accounts held in beneficiary form (M.G.L. c. 190B, s. 6-101 et seq.; s. 6-309), not for real estate.

Massachusetts recognizes 4 alternatives for transferring real property outside of probate: Revocable living trust; Joint tenancy with right of survivorship; Tenancy by the entirety (married couples); Life estate deed.

No. Real property transfers are governed by the state where the property is located. A TOD deed signed under another state's law has no effect on real property in Massachusetts.

Yes. Legislation authorizing transfer on death deeds has been proposed in Massachusetts, but is not currently enacted. Massachusetts uses both registered (Land Court/Torrens, M.G.L. c. 185) and recorded (unregistered) land systems. Real-property TOD deed bills have been introduced repeatedly (H.1565 in the 189th General Court, sent to a study order 10/24/2016; also H.1583, H.2132; and beneficiary-deed bills H.1764 and H.3382) but none has been enacted. In the current 194th General Court, the only pending "transfer on death" bill is S.2381, which concerns motor vehicles, not real property (verified 2026-07-13, malegislature.gov bill search). Per the ABA/ULC Uniform Laws Update (Sept/Oct 2025), MA is not among the URPTODA enacting jurisdictions.